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1993-367901 , Recording. . Reques By: ~51~ City of Encinitas ~en Recorded Mail to: city Engineer ~ ~,.:.~ City of Encinitas ~{ 0=~u 527 Encinitas Boulevard ~H~t' t Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USR 6NLY ~CUMH~y~T~$ -~- ~S~ENT FOR CITY HIG~AY Assessor's Parcel Project No. :92-043BA/CC No. 254-161-04 W.O. No.: N/A Wayne B. and Gloria M. Matteson hereinafter called GRANTOR(S), do(~) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public highway upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE TF/03/COV1-256WP5 (3-18-91) 1 The Grantor further grants to the OF ENCINITAS the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said CITY Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this ~T~-- day of ~u~_ , 192~ OWNER: 0storeme. D.S. Shattuck, Notary Public ~ PARTNER(S) J ~u~;{~ o¢ S~ms; ~ TRUSTEE(S) ~monally Kn~ to me - OR - ~roveQ to me on the of ~6ta~ory D SUBSCRIBING WI~ESS to ~e the pemon~ wh~e nama(s) ~e su~cri~ to ~e w~in t~um~t~ ~- ~ GU~DIA~CONSERVATOR Knowle~ to me that ~y ex~ ~ OT~R the same in hi--r/their authorize~ ~ ~ Comm 9966423 O~;~).oT~ ~.~ ~,~0~.,~ mgnemm(~n ~e i~ the ~, ~ ~ ~ ~.,~ ~ ~. or~e~u~nMff~~) SI~NER IS REPRESE~ING: W~ss my ~d ~d o~1 ~. THIS CER~F~A~ T~ or T~ of ~,. F~ ~ MUST aa A~ACHED Nu~r of TO THE ~M~ P~ ~/ D~ of ~t DESCR~ AT R~: ~s) ~r T~n ~ ~ E~C~IIBIT ~A" Page 1 of 2 That portion of Lot 36 of CREST ACRES, in the City of Enoinitas, County of San Diego, State of California, according to Map thereof No. 2019, filed in the Office of the County Recorder of said San Diego County, May 3, 1927, described as follows: Commencing at the Southwest corner of said Lot 36; thence Northeasterly along the Southerly boundary of said Lot 36 North 68°26'43" East 180.94 feet (North 68°40' East 180.41 feet, record); and North 66°25'26'' East (North 66° East, record) 12.95 feet to the Southeasterly corner of land described in deed to Bradley J. Gerlach recorded January 24, 1990 as Document No. 90-040234, said corner being also the True Point of Beginning of the herein described property; thence continuing along the Southerly boundary of said Lot 36 North 66°25'26" East (North 66° East, record) 30.38 feet to the most Southerly corner of land described in deed to Edwin Turner and Dorothy Turner recorded November 13, 1958 at Book 7348 Page 268 of Official Records; thence along the Westerly boundary of said Turners' land North 14°33'40" West (North 14°33' West, record) 7.09 feet; thence South 66°25'26" West 30.38 feet to a point on the Easterly boundary of said Gerlach's land; thence along the Easterly boundary of said Gerlach's land South 14°33'40" East (South 14°33' East, record) 7.09 feet to the True Point of Beginning. WP \CORS9 0 \ 0 0 3 4DEDB. LGL ~.~IT ~A~ SHEET 2 OF 2 PARCEL A APN 254-161-02 TURNER ,~ROPOSED PROP~R~ LINES  ~ EXIS~N~ PROPER~ LINES ~ PRI~ ~ BDRY AD.ST X PARCEE C ~ m~o~ 20 AP< 25¢-161-10 GERLACH P~CEL B ~PU 2s4-~6~-o~ ~TTESO~ NOT A PART LOT RESOURCE: D£VELOPMENT CORPORA~ON ~'490-34U